The board of trustees at Bergville College in the Eastern Cape has filed an urgent court application against Education MEC Fundile Gade, seeking to halt his decision to withdraw the school’s registration.
Gade announced his intention to deregister the institution following an incident in which a seven-year-old girl was raped at the school. In response, the college has approached the High Court in Makhanda, requesting that the deregistration process be suspended until a formal review of the MEC’s decision is completed.
Legal Basis for the Interdict
Board chairperson Daniel van Zyl is leading the legal challenge, arguing that the deregistration process must comply with Section 47 of the South African Schools Act. This legislation stipulates that an independent school’s registration cannot be revoked unless the owner has been provided with formal notice, including the reasons for deregistration. Additionally, the school must be given an opportunity to submit written representations explaining why its registration should not be withdrawn.
Van Zyl contends that these mandatory procedural steps were not followed, making the deregistration unlawful. As a result, the trustees are asking the court to interdict the MEC from proceeding with the process and to allow the school to continue operating while the review application is under consideration.
Facebook Comments